The Supreme Court on Thursday said constitutional courts cannot allow provisions of the Prevention of Money Laundering Act to become instruments in the hands of the Enforcement Directorate to continue incarceration for a long time.
On May 6, the top court had referred to a five-judge Constitution bench the issue of control of services in Delhi.
The Supreme Court on Monday dedicated a web page containing details of arguments, written submissions and the judgment in the historic Kesavananda Bharati case which laid down the path-breaking concept of the 'Basic Structure' of the Constitution.
Legal experts had deplored the observation of the Allahabad high xourt on what constitutes a rape charge, calling for a restraint by judges and underlining the drop in public confidence in the judiciary due to such statements.
The decision was immediately welcomed by gay rights activists across the country as it reopens the legal debate on homosexuality.
Prolonged incarceration without trial amounts to infringement of the right to life under the Constitution, the Bombay high court said while urging a special court to expedite the trial in the 2018 Elgar Parishad-Maoist links case.
The Tamil Nadu government has argued in the Supreme Court that Governor R N Ravi's repeated withholding of assent to bills passed by the state legislative assembly would lead to the failure of the democratic system in India. The top court has questioned the delay by the Governor in granting assent to several bills passed by the state assembly and asked why governors should wait for parties to move the court with their grievances. The court has also said that the Governor cannot refer bills passed by the legislature and re-adopted by it for presidential assent.
Chief Justice of India-designate Sanjiv Khanna on Friday lauded CJI D Y Chandrachud for his "monumental" contribution, saying he worked on a mission to improve the apex court and pursued his goal of making it "a sanctuary of inclusivity", which was accessible to all.
The Supreme Court of India has issued pan-India guidelines on property demolition, emphasizing that no property should be demolished without a prior show cause notice and 15 days for the affected party to respond. The court strongly criticized 'bulldozer justice', stating that the Executive cannot demolish homes simply because individuals are accused of a crime. The verdict cites the importance of shelter as a fundamental right and highlights the unconstitutionality of demolishing houses based solely on accusations or convictions.
Kerala high court on Thursday held that freedom of speech and expression available to the press and media could not trample on the right to dignity, reputation and privacy available to the citizen, especially when reporting about criminal investigations or cases pending before various courts.
Elections in Jammu and Kashmir can be held "anytime from now" as the work on updation of voters list is almost over, the Centre told the Supreme Court on Thursday but remained non-committal about setting a time-frame for restoration of statehood to the Union territory (UT).
It is crucial to electoral democracy that the exercise of freedom to vote is not subject to undue influence, the Supreme Court said on Thursday while striking down as unconstitutional the electoral bonds scheme for political funding.
Samajwadi Party leader and Kairana MP Iqra Choudhary has moved the Supreme Court seeking effective implementation of the Places of Worship (Special Provisions) Act, 1991. This move comes amidst several petitions challenging the law's validity, including those filed by the Akhil Bhartiya Sant Samiti and lawyer Ashwini Upadhyay. The Supreme Court, in December 2022, had restrained all courts from examining fresh suits and passing interim orders in pending cases seeking to reclaim religious places. The Act aims to maintain the religious character of places of worship as they existed on August 15, 1947, but the dispute relating to Ram Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview. The court has listed Choudhary's plea with other pending pleas for February 17.
The Supreme Court on Tuesday referred the issue of legalising euthanasia in the country to a five-judge Constitution bench, saying there has been "inconsistent" opinion in its previous verdicts on withdrawing medical support to terminally ill patients.
Days ahead of a scheduled hearing of a batch of pleas related to the abrogation of Article 370 before a five-judge Constitution bench of the Supreme Court, Indian Administrative Service officer Shah Faesal on Tuesday said the constitutional provision is a thing of the past and there is no going back.
An institution of national importance must reflect the "national structure", the Centre told the Supreme Court on Tuesday while pointing out that around 70 to 80 per cent students studying at Aligarh Muslim University (AMU) are Muslims even without reservation.
A five-judge bench headed by Chief Justice DY Chandrachud considered the pleas in chambers and dismissed applications for listing of the review petition in open Court.
The government had said on Friday that it would oppose the practice of nikah halala when the top court examines its legal validity.
In 1997, the seven-judge bench ruled that the Centre had the regulatory power over the production of industrial alcohol. The case was referred to the nine-judge bench in 2010.
The Delhi high court on Friday directed the Centre to place its stand on Bharatiya Janata Party leader Subramanian Swamy's plea seeking directions to the Ministry of Home Affairs to decide over Rahul Gandhi's Indian citizenship.
Equating 'bulldozer justice' with a lawless state of affairs where might is right, the Supreme Court on Wednesday laid down pan-India guidelines and said no property should be demolished without a prior show cause notice and the affected must be given 15 days to respond.
The Supreme Court of India has granted interim police protection to Discovery Communications India officials who have been receiving threats from followers of self-styled godman Asaram Bapu. The threats were triggered by the release of a documentary series titled "Cult of Fear: Asaram Bapu". The court has directed the Centre and several state governments to ensure the safety of the petitioners, including their offices.
Bihar Chief Minister Nitish Kumar engaged in a heated exchange with Leader of the Opposition Rabri Devi in the Legislative Council, dismissing her as "inconsequential" without her husband, RJD president Lalu Prasad. The spat stemmed from RJD MLCs wearing badges promoting quota hikes passed during Tejashwi Yadav's tenure as Deputy CM, which Nitish Kumar perceived as an attempt to claim credit for the populist move. Kumar also remarked that Rabri Devi was only propped up by her husband when he was in trouble, referring to her becoming Chief Minister in 1997 while Lalu Prasad faced corruption charges. The war of words between the two rivals has intensified, with the RJD accusing Kumar of losing his mental balance and being unfit to rule.
The Supreme Court has expressed its dissatisfaction with the Delhi Police's handling of appeals against acquittals in the 1984 anti-Sikh riots cases. The court emphasized the need for serious and earnest prosecution, not just for the sake of it. This comes in the wake of a public interest litigation filed by a former Shiromani Gurudwara Prabhandak Committee member, seeking justice for the victims of the violence.
A petition seeking a review of the October 17 verdict refusing to accord legal recognition to same-sex marriages was mentioned before the Supreme Court on Thursday for an open court hearing.
Pakistan's supreme court chief justice Iftikhar Chaudhry constituted a 17-judge bench on Thursday, to hear petitions challenging the amnesty granted to President Asif Ali Zardari and close aides under a controversial law that expired last month.
The Supreme Court in its official communication called it "Truly, a historic day".
The Supreme Court of India has ruled that a daughter has an indefeasible right to secure educational expenses from her parents, who can be compelled to provide necessary funds within their means. This ruling came in a matrimonial dispute where a daughter studying in Ireland refused to accept Rs 43 lakh given by her father towards her studies, which was part of the total alimony being paid to her mother. The court stated that the daughter has a fundamental right to pursue her education and that the parents can be compelled to provide necessary funds within their financial resources. The court also granted a decree of divorce by mutual consent to the estranged couple, directing them to abide by the terms of a settlement agreement they had reached.
The Supreme Court of India has sought the Indian government's response to a petition filed by a Muslim woman seeking to be governed by the Indian succession law instead of Shariat. The woman, Safiya P.M., argues that she does not believe in Shariat and wants to be governed by secular law, including the Indian Succession Act of 1925. The court has asked the government to file a counter affidavit within four weeks.
The Bombay High Court has discontinued its monitoring of the investigation into the 2015 murder of communist leader and rationalist writer Govind Pansare, directing the sessions court to expedite the ongoing trial. The decision comes after a report by the Maharashtra Anti-Terrorism Squad (ATS) indicated that the investigation has been thoroughly conducted, with only the arrest of two absconding accused remaining. The court has ordered daily hearings for the trial, which has already begun and has seen 28 prosecution witnesses examined as of December 16, 2024.
The Supreme Court on Friday ordered immediate medical aid for farmer leader Jagjit Singh Dallewal, who is on an indefinite fast at the Punjab-Haryana border. The court also urged farmers to adopt the Gandhian way of protesting and to ensure that Dallewal's life is saved. The court has formed a high-powered committee to make recommendations to the stakeholders regarding the farmers' grievances.
The reservation policy requires a fresh relook and new methods are needed for the uplift of people belonging to Scheduled Castes (SC), Schedule Tribes (ST) and Other Backward Classes (OBC), Supreme Court judge Justice Pankaj Mithal said on Thursday.
Union Minister and Lok Janshakti Party-Ram Vilas leader Chirag Paswan is planning to convene a meeting of Scheduled Caste MPs of different parties as he works to mobilise support ahead of his party filing a review plea in the Supreme Court against its judgment allowing sub-categorisation of reservation within the community.
The Supreme Court of India has directed the President to consider the mercy petition of Balwant Singh Rajoana, a death row convict in the 1995 assassination case of former Punjab Chief Minister Beant Singh. The court gave the President two weeks to decide on the plea. Rajoana was sentenced to death in July 2007 for his role in the bombing that killed Beant Singh and 16 others. The Shiromani Gurdwara Parbandhak Committee (SGPC) filed a mercy petition on his behalf in 2012.
The Supreme Court of India has directed the Odisha government to decide within six weeks on a plea for remission filed by Ravindra Pal alias Dara Singh, who is serving a life sentence for the murders of Australian missionary Graham Stuart Staines and his two sons in 1999. Singh, who has spent over 24 years in prison, claims to have "repented" his actions and seeks an opportunity to reform his character. The court issued the notice after Singh argued that he has already served more than the required period of sentence and that his right to liberty is being jeopardized by the delay in processing his plea.
The privileges enjoyed by MPs and MLAs are "tethered intrinsically" to the functioning of the legislature collectively, the Supreme Court said on Monday while holding that lawmakers taking bribe to vote or make a speech in the house are not immune from prosecution.
The Supreme Court of India directed the government to establish a legal framework to protect domestic workers and address their exploitation.
The Supreme Court of India will examine the age limits for surrogate mothers and other provisions of the Surrogacy Regulation Act and Assisted Reproductive Technology (Regulation) Act on February 11. The court has asked the government to file its written submissions on the matter. The laws set age limits for intended parents and surrogate mothers, restricting commercial surrogacy and emphasizing altruistic surrogacy. The court is also considering alternative mechanisms for compensating surrogate mothers and has proposed a designated authority for disbursing payments instead of intended couples.
A five-judge Constitution bench of the Supreme Court, by a 3:2 majority, on Tuesday upheld one of the adoption regulations prohibiting unmarried and queer couples from adopting children.
The Supreme Court of India has ordered the Union government to grant a permanent commission to a woman officer in the Army Dental Corps who was denied benefits given to similarly placed officers. The court ruled that the woman officer was wrongly excluded from consideration and that the principle of "what is sauce for the goose ought to be sauce for the gander" applies in this case. The court directed the government to implement the order within four weeks and to extend all consequential benefits, including seniority, promotion, and monetary benefits, to the officer.
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